NDLI: Legal Doctrine between Empirical and Rhetorical Truth. A Critical Analysis of Alf Ross' Conception of Legal Doctrine

Content Provider	Semantic Scholar
Author	Zahle, Henrik
Copyright Year	2003
Abstract	The Danish philosopher of law Alf Ross established a theory of legal doctrine with the intention of bringing legal doctrine into line with logical positivism. Ross was aware of the fact that propositions of legal doctrine (as of social science in general) might influence the 'object' of the doctrine, for instance they could influence judicial decision-making. Such influence could be considered fundamental for a theory of legal doctrine. Although Ross considered words which create their object and therefore their own truth to be magic, he did not or could not recommend that legal doctrine refrain from such influence. In this way Ross faced an element of legal doctrine that was incompatible with his positivistic theory.
Starting Page	801
Ending Page	815
Page Count	15
File Format	PDF HTM / HTML
DOI	10.1093/ejil/14.4.801
Volume Number	14
Alternate Webpage(s)	http://www.ejil.org/pdfs/14/4/442.pdf
Alternate Webpage(s)	https://doi.org/10.1093/ejil%2F14.4.801
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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